Primary Insurer Wins Reinsurance Dispute Over Large Asbestos Settlement
Posted on Jan 21, 2016 in Construction, Litigation, Product Liability | Comments Off on Primary Insurer Wins Reinsurance Dispute Over Large Asbestos Settlement
Yesterday, the U.S. District Court for the Northern District of New York granted summary judgment to the primary insurer of a pump manufacturer in a dispute with the primary insurer’s reinsurer. Beginning in 1997, more than 140,000 claims were filed against the pump manufacturer alleging asbestos-related bodily injuries. In two separate cases, one in California and one in New...
Wrongful Death Case In Concrete Crushing Machine Incident Remanded To Louisiana Court
Posted on Jan 20, 2016 in Construction, Litigation, OSHA | Comments Off on Wrongful Death Case In Concrete Crushing Machine Incident Remanded To Louisiana Court
Following the death of a Louisiana worker pulled into a concrete crushing machine, the worker’s mother brought suit against a number of entities in state court, some of which were Louisiana companies and some of which were out-of-state entities. The out-of-state entities, including the manufacturer of the machine, removed the case to federal court on the grounds that the...
First Jury Verdict In Pelvic Mesh MDL Affirmed By Fourth Circuit
Posted on Jan 15, 2016 in Construction, Product Liability | Comments Off on First Jury Verdict In Pelvic Mesh MDL Affirmed By Fourth Circuit
Yesterday, the Fourth Circuit affirmed a jury’s award to a plaintiff of $250,000 in compensatory damages and $1.75 million in punitive damages on a design defect and failure to warn claim against the proprietors of transvaginal mesh medical devices used to treat pelvic organ prolapse and other pelvic issues. This award was the first of the more than 70,000 similar cases involved...
2015 Year in Review
Posted on Jan 7, 2016 in Construction, Energy/Environmental, Investigations, Litigation, OSHA, Process Safety, Product Liability, Workplace Safety | Comments Off on 2015 Year in Review
Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.
Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident
Posted on Jan 6, 2016 in Construction, Energy/Environmental, Litigation | Comments Off on Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident
In any agreements covering temporary workers, make sure to carefully review the provisions that a reviewing court likely would examine should an injury to one of the workers occur while performing the contracted-for services for purposes of assessing litigation risk. Specifically, pay close attention to any provisions purporting to classify which entity (or entities) is the...
District Judge Tosses Contribution/Indemnity Claim Where Not Supported With Specific Facts
Posted on Dec 23, 2015 in Construction, Litigation | Comments Off on District Judge Tosses Contribution/Indemnity Claim Where Not Supported With Specific Facts
In a subrogation action brought by an insurer following a boiler explosion in a medical facility, Defendant A cross-claimed against Defendant B alleging contribution or indemnity. The U.S. District Court for the Southern District of West Virginia granted Defendant B’s motion to dismiss the cross-claim based on Rule 12(b)(6) where the cross-claim merely stated that 1) Defendant B...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>